Family Law Blog

Issues Surrounding Grandparents’ Minimal Visitation

By admin on February 4, 2010

Grandparents are not always thought of in child custody cases. For many families though, grandparents can provide stable environments for children and, as consequence, shouldn’t be forgotten about when it comes to child custody and parceling out visitation rights. According to a chicagotribune.com article, grandparents can sometimes find themselves completely at the mercy of their grandchild’s parent, and there is little they can do about it.

Reportedly, two grandparents in Iowa are having a very difficult time spending time with, and even seeing, their two grandsons. The article explains that the boys’ mother passed away, that they now reside strictly with their father, and that their father (son-in-law to the aforementioned grandparents) chooses to rarely respond to visitation requests made by the grandparents. This renders their time with the grandchildren practically non-existent. Legislation in the state of Iowa, where this particular story is playing out, does not make it very easy for grandparents to see the grandchildren, particularly when one of the children’s parents is deemed fit and capable of raising the children and the best interests of the child are satisfied. In the eyes of the courts, grandparent visitation rights are the decision of the children’s parent or parents. Grandparents have little recourse in the way of filing suits, especially since, if such a visitation suit is sought and lost, the grandparents may never again see their grandchildren.

In the state of Colorado, the best interests of the child always take precedent in child custody and visitation rights hearings. If you are a grandparent and are seeking visitation rights of your grandchild, contact an experienced Colorado child visitation rights attorney at Kaplan Law, LLC. Our skilled Denver family law attorneys will examine the circumstances of your visitation rights case, and will work on your behalf to ensure that your rights are not infringed upon in a court of law. For more information about grandparents’ rights, please call us today at 1-877-527-5260.

Source:http://archives.chicagotribune.com/2009/dec/20/local/chi-ap-ia-grandparentsright

Communication Styles Could Be an Early Indication of Imminent Divorce

By admin on January 27, 2010

A recent CBS.com article discussed an episode of The Early Show in which a well-known psychotherapist visited the program. The discussion focused on how communication styles and positive-to-negative interactions can contribute towards a divorce. More specifically, a total of five types of marriages were reportedly identified.

A “pursuer/distance marriage” carries with it a high risk of divorce. This type of marriage is characterized by problems being dismissed and not talked about. “Disengaged marriages” involve individuals who don’t need intimacy or lack mutual interests, and these marriage types are also prone to having a high risk of divorce. “Operatic marriages” are characterized by repetitive cycles of fighting and reconciling, also translating to high risk of divorce. “Cohesive individuated marriages” consist of shared responsibilities and marriage being viewed as a refuge, translating to a lower risk of divorce in the long run. Marriages labeled as “traditional” consist of genders roles being interpreted by couples as simply traditional, with instances of divorce in these cases being lowest.

The article goes on to mention that strong marriages have a positive-to-negative interaction ratio of at least 5-to-1, meaning that these couples have at least five positive experiences together for every one negative experience. As this ratio diminishes, it is speculated, the risk of divorce inevitably rises. Other factors mentioned in the news story included length of marriage, the age of marrying couples, and whether or not a child has become a part of the marriage.

Sometimes, filing for divorce in Colorado ultimately proves inevitable. In such cases, retaining the services of an experienced divorce attorney will prove to be your best option in protecting your interests and safe guarding your well-being. Regardless of your situation, the skilled Colorado divorce attorneys at Kaplan Law, LLC are prepared to assist you every step of the way. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5260.

Source:http://www.cbsnews.com/stories/2002/08/06/earlyshow/health/health_news/main517731.shtml

Social Networking Sites Could Prove Costly in Divorce Cases

By admin on January 22, 2010

Social networking sites certainly have their uses. Communicating with prospective employers, publicizing one’s business, and reconnecting with old acquaintances are some of the more common uses of sites such as Facebook, MySpace, and LinkedIn. However, a recent examination of divorce documentation has revealed that social networking sites might be playing a determining factor in couples’ decisions to file for divorce. Reportedly, in one such case in the United Kingdom, a woman learned about her divorce after she logged into her Facebook account and read that her husband had ended his marriage to her. This is a clear indicator that the site, like many others, is planting itself right in the middle of divorce cases throughout cyberspace that quickly result in real life dissolutions of marriage.

According to an emaxhealth.com article, information posted on social networking sites can provide proof of marital infidelity and can strengthen the divorce case of a wronged spouse. It is suggested that individuals do not post incriminating information such as public messages or photographs that may be used as evidence of wrongdoing during divorce proceedings. Some law firms specializing in divorce cases report social networking sites as being cited nearly 20% of the time as one reason why one party is seeking a divorce from another.

Couple the sense of anonymity of the internet with marriage dissatisfaction, and resulting actions may prove damaging in a divorce case. In Colorado, it is recommended that individuals seeking divorce retain the services of an experienced family law attorney that will fight to ensure that the rights of the client are upheld at all times in a court of law.

At Kaplan Law, LLC, our skilled Denver divorce attorneys are prepared to examine every detail of your divorce case to ensure that your best interests are not disregarded in a court of law. Our Colorado family law attorneys have experience litigating a wide variety of divorce proceedings, and are prepared to attain the best possible outcome in your case. If you are thinking about filing for divorce in Colorado, please contact us today for more information. Call us at 1-877-527-5260.

Source:http://www.emaxhealth.com/1275/5/34949/facebook-other-social-networking-sites-linked-divorce.html

Child Custody is Based on Best Interests of the Child, Not Physical Abilities of Parent

By admin on January 18, 2010

A variety of factors need to be taken into account during child custody hearings. An ABCNews.com article discusses one such case that warrants consideration of multiple factors. Reportedly, a quadriplegic woman is seeking to retain custody of her son, but is being opposed by her ex-boyfriend, who cites that the woman is not capable of properly caring for the child. In child custody cases in Colorado, as well as the rest of the country, the best interests of the child are given considerable consideration in custody hearings.

The court system does not typically give disability nearly as much weight as it does the well-being of the child. Disability, it is argued, is therefore not an indication that the disabled individual cannot parent a child, particularly if the court system rules that the child will be properly cared for under the supervision of the disabled parent. With all emotion cast aside, the best interest of the child remains the gold standard in terms of which parent the child will ultimately end up with. Often times, financial stability and a nurturing support system are the two primary variables considered in child custody cases. Ultimately, parents are examined according to their character and whether or not they are capable of raising their child.

Child custody cases can be especially complicated. The state of Colorado is no exception to this idea, and the services of experienced family law attorneys should be retained to ensure that parental rights are not infringed upon in a court of law. At Kaplan Law, LLC, our Colorado child custody lawyers will examine every detail of your child custody case and work diligently on your behalf. If you are thinking of filing for divorce and believe that child custody issues will be involved, please contact us for more information. Call us today at 1-877-527-5260.

Source:http://abcnews.go.com/Health/MindMoodNews/quadraplegic-mother-fights-maintain-custody-son/story?id=9403163

Finance Concerns Linked to Divorce Rate According to Utah State Study

By admin on January 7, 2010

Reportedly, finances are a hot button topic that could be directly linked to divorce rates. While it has long been suspected that financial concerns and arguments are a major point of contention amongst divorcing couples, a new study may show that there is a definite link between monetary disagreement and tendency to end a marriage. According to an article on the New York Times website, a study conducted at Utah State University found that couples who found themselves disagreeing about money at least once a week were more than 30 times likely to seek a divorce than those couples who only disagreed about finances a few times total each month.

The study examined a control group of about 2,800 couples in 1987, and then reexamined the same group five years later in 1992. Initially, the couples were asked about how often they argued with one another over issues ranging from in-laws to spending time with one another, including the topic of finances. Of all the different topics of contention, arguments over money were deemed to be the best indication of whether or not a couple would eventually divorce.

Regardless of the reasons why a couple chooses to divorce, legal proceedings can be extensive and often quite complicated. The best action for such proceedings is to retain the services of an experienced family law attorney who will examine every detail of the case to ensure that division of assets, custody arrangements, and spousal or child support payments are decided upon while keeping the best interests of the client in mind.

The skilled lawyers at Kaplan Law, LLC have represented clients in a variety of divorce cases. Our Colorado divorce attorneys will work on your behalf to attain the best possible outcome in your case, and will ensure that your rights are not infringed upon in a court of law. We understand the complex nature of divorce cases, and are sympathetic towards the stress that can ensue as a result. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://economix.blogs.nytimes.com/2009/12/07/money-fights-predict-divorce-rates/

Is One in Two Marriages Really Destined for Divorce?

By admin on December 23, 2009

An article featured on the website dakotavoice.com attempts to more closely examine the divorce rate in the United States. The article offers the argument that the now common figure that one in every two marriages ends in divorce is an inflation that does not take certain factors into consideration.

Reportedly, the article cites recently released data from the United States Census Bureau that shows that 75% of marriages are between individuals that have only married once. Therefore, nearly 25% of marriages consist of individuals that have previously married, therefore inflating divorce rate figures to paint a direr picture than what actually exists.

The article goes on to point out that the average marriage in the United States lasts over 18 years. If this is in fact the case, it bears little on the overall divorce rate, which still cites that a large number of people, some married for longer periods of time than others, divorce each other for any number of reasons. Divorce can definitely present its warning signs, but often times these signs are not recognized until divorce is imminent.

Divorce in Colorado can result for any number of reasons. Arguing over finances, the amount of time spent with one another, or attention given to children are all reasons that are sometimes cited as having contributed to a couple deciding that divorce is in the best interest of both involved parties. Regardless of what the reasoning behind the divorce is, all details surrounding custody and division of property need to be carefully examined in order to ensure that the rights of either party involved are not infringed upon in a court of law.

The skilled lawyers at Kaplan Law, LLC have represented clients in a variety of divorce cases. Our Colorado divorce attorneys will work on your behalf to attain the best possible outcome in your case, and will ensure that your rights are not infringed upon in a court of law. We understand the complex nature of divorce cases, and are sympathetic towards the stress that can ensue as a result. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://www.dakotavoice.com/2009/09/divorce-statistics-not-as-bad-as-portrayed/

Free Paternity Tests Could Bolster Child Support Involvement

By admin on December 16, 2009

According to Jackson, Mississippi’s local CBS affiliate WJTV, the state’s Department of Human Services (DHS) has announced that it is offering free paternity testing. Reportedly, the state is hoping that the testing, which typically costs anywhere from $300 to $500 (not including attorney fees) will spur more biological fathers to take responsibility for providing payments to their children. Consequently, by determining that men in question are in fact fathers, the state is also hoping to benefit itself. That is, in increasing child support collections, the state will help guarantee future federal funding.

While opponents of the plan argue that the state should not be spending money for testing, the end result is intended to help secure state funding which, as pointed out by the DHS, will be used to help children in the state of Mississippi. While children are the primary focus of paternity testing, divorce, not just in Mississippi but across the country, entails a much wider spectrum of custodial issues.

Issues ranging from child support to spousal support to division of property are all matters that need to be carefully taken into consideration during any divorce case. Because such cases can be quite complicated, it is in the best interest of any person involved in a Colorado divorce case to retain the services of an experienced family law attorney.

The skilled attorneys at Kaplan Law, LLC have represented clients in a variety of divorce cases. Our divorce lawyers will work on your behalf to attain the best possible outcome in your case, and will ensure that your rights are not infringed upon in a court of law. The Colorado family law attorneys at Kaplan Law, LLC understand the complex nature of divorce cases, and are sympathetic towards the stress that can ensue as a result. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://www2.wjtv.com/jtv/news/local/article/dhs_offering_free_paternity_tests/20038/

Women’s Equality in the Work Place Equals Men’s Equality in Child Custody Cases

By admin on December 9, 2009

The New York Times recently talked about a trend affecting child custody and today’s work force. Citing articles from Working Mother Magazine, the story talks specifically about child custody and how mothers are no longer virtually ensured of receiving primary physical custody of their children during the divorce process.

Formerly, when women were more often associated with caring for young children, and men were deemed the primary wage earners, it was viewed as being in the best interest of the child or children involved that they remain in the custody of the parent that had assumed more of the care-giving role. This label was dominantly attributed to stay-at-home moms. However, with the work force now a more gender diverse arena, and the downtrodden economy taking its toll on men more so than women, men in particular are facing more layoffs and, consequently, find themselves at home assuming the roles of ‘Mr. Mom.”

The label of “primary caregiver’ was never gender specific, although it used to be dominantly associated with the female gender. That association, however, has taken a serious hit in recent years, and more and more instances of fathers gaining primary custody of children during divorce proceedings are popping up all across the country. According to the article, there are now 2.2 million divorced mothers in the United States who do not have primary custody of their children. Furthermore, an estimated 50% of fathers who seek primary custody of their children receive custody.

Regardless of the circumstances, child custody hearings can be complicated. While it may be safe to assume that the working parent is the number two caregiver, this is not always the case. For that reason, all details surrounding divorce and custody cases need to be carefully examined in order to accurately determine the proper custodial agreement.

If you are dealing with child custody issues in the state of Colorado, it is in your best interest to retain the services of an experienced Denver family law attorney who will fight to ensure that your rights are upheld at all times in a court of law. At Kaplan Law, LLC, our skilled divorce attorneys understand how difficult issues surrounding custody hearings can be. If you would like more information about protecting your rights, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://parenting.blogs.nytimes.com/2009/11/17/more-fathers-getting-custody-in-divorce/

Amnesty Granted for a Limited Time to Pennsylvania Child Support Payers

By admin on November 18, 2009

Philadelphia’s KYW News Radio 1060 recently reported that parents who are behind on child support payments, and have had bench warrants filed against them for those outstanding sums, have been granted amnesty by the Pennsylvania Family Court. The amnesty will not excuse parents from fulfilling their financial obligations to their children, but will prevent them from being arrested. It is believed that the amnesty, which was only granted for a small period of time, would urge some parents, who would otherwise neglect payment altogether in order to avoid jail time, to accept their role in the child support process.

According to the article, parents who chose to accept the amnesty were essentially given a pass on the penalties associated with late payment, or no payment at all for that matter, and were granted a new court hearing to go over their payment details. Unemployed parents will even receive job training and assistance in acquiring a job, both in hope that child support payments will be kept up from here on out.
The program was summed up best by a Family Court judge, who reasoned that “the issue is making sure that the parent that owes that money is obligated to pay for the support of that child, and that Philadelphia Family Court is providing an opportunity for employment — and possibly long-term employment with benefits — in these rough economic times.”

Issues surrounding custody and child support payments can often be quite detailed, regardless of which state you live in. Tackling such paramount issues in the state of Colorado is much easier with the assistance of an experienced Colorado child support attorney who will fight to ensure that the client’s rights are upheld at all times in a court of law. If you would like more information about family law in Colorado, don’t hesitate to contact the skilled attorneys at Kaplan Law, LLC. Our divorce and child custody lawyers will work on your behalf to attain the best possible outcome in your case. Please call us today at 1-877-527-5206.

Source:http://www.kyw1060.com/pages/5661605.php

When Divorce Turns Into a War of Words

By admin on November 11, 2009

Divorce proceedings don’t always have to be characterized by negativity. However, for the divorcing couple highlighted in a story talked about on blogs.wsj.com, this notion was disregarded altogether. According to the story, both of the divorcing parties have accused the other of being financially dependent. Consequently, the husband in this case claims that he shouldn’t have to pay his wife spousal support, while the wife argues that her husband, though he is unemployed and claims to be bankrupt, is in fact spending thousands of dollars each and every month.

The husband in this case claims that he is in fact bankrupt, and that the money he has been spending has come from handouts from friends. He further claims that the monetary amounts his wife claims he is spending are greatly exaggerated. The husband’s main argument against having to pay his wife spousal support payments centers-around the fact that the wife supposedly has $200,000 hidden away in a safety deposit box and that she has numerous assets, including fur coats and jewelry reportedly worth over a million dollars, are more than enough to sustain her.

Undoubtedly, the presiding judge in this case will carefully examine all of the facts, and make a decision based on those facts. Regardless of what is said by either party, only the facts of this case will ultimately be considered. Though both the husband and wife have made public much incriminating evidence against the other, such evidence may not even be given that much weight in a court of law, particularly if said evidence is little more than he-said, she-said type gossip. Ultimately, the best path taken by each party involved includes retaining a skilled divorce attorney who will see to it that the client’s best interests are always kept in mind and not infringed upon in a court of law.

The experienced family law attorneys at Kaplan Law, LLC represent all types of divorce cases. If you are going through a divorce, you’ll need someone on your side who will fight for your best interests at all times. The divorce attorneys in Denver at Kaplan Law, LLC understand how complicated such situations can be, and work towards making divorce proceedings not only as equitable as possible, but also as stress free for everyone involved. Please call Kaplan Law, LLC today at 1-877-527-5206 for more information about divorce, alimony payments, and your legal options.

Source:http://blogs.wsj.com/bankruptcy/2009/10/13/bankruptcy-plus-divorce-equals-major-drama/